Full Text of HB0170 102nd General Assembly
HB0170ham001 102ND GENERAL ASSEMBLY | Rep. Lawrence Walsh, Jr. Filed: 3/23/2021
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| 1 | | AMENDMENT TO HOUSE BILL 170
| 2 | | AMENDMENT NO. ______. Amend House Bill 170 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 7-109.3, 7-142.1, 7-150, and 7-156 as | 6 | | follows:
| 7 | | (40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
| 8 | | Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
| 9 | | (a) "Sheriff's law enforcement employee" or "SLEP" means:
| 10 | | (1) A county sheriff and all deputies, other than | 11 | | special deputies,
employed on a full time basis in the | 12 | | office of the sheriff.
| 13 | | (2) A person who has elected to participate in this | 14 | | Fund under Section
3-109.1 of this Code, and who is | 15 | | employed by a participating municipality
to perform police | 16 | | duties.
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| 1 | | (3) A law enforcement officer employed on a full time | 2 | | basis by a Forest
Preserve District, provided that such | 3 | | officer shall be deemed a "sheriff's
law enforcement | 4 | | employee" for the purposes of this Article, and service in
| 5 | | that capacity shall be deemed to be service as a sheriff's | 6 | | law enforcement
employee, only if the board of | 7 | | commissioners of the District have so
elected by adoption | 8 | | of an affirmative resolution. Such election, once made,
| 9 | | may not be rescinded.
| 10 | | (4) A person not eligible to participate in a fund | 11 | | established under
Article 3 of this Code who is employed | 12 | | on a full-time basis by a
participating municipality or | 13 | | participating instrumentality to perform
police duties at | 14 | | an airport, but only if the governing authority of the
| 15 | | employer has approved sheriff's law enforcement employee | 16 | | status for its
airport police employees by adoption of an | 17 | | affirmative resolution. Such
approval, once given, may not | 18 | | be rescinded.
| 19 | | (5) A person first hired on or after January 1, 2011 | 20 | | who (i) is employed by a participating municipality that | 21 | | has both 30 or more full-time police officers and 50 or | 22 | | more full-time firefighters and has not established a fund | 23 | | under
Article 3 or Article 4 of this Code and (ii) is | 24 | | employed on a full-time basis by that
participating | 25 | | municipality to perform
police duties or firefighting and | 26 | | EMS duties; but only if the governing authority of that |
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| 1 | | municipality has approved sheriff's law enforcement | 2 | | employee status for its
police officer or firefighter | 3 | | employees by adoption of an affirmative resolution. The | 4 | | resolution must specify that SLEP status shall be | 5 | | applicable to such employment occurring on or after the | 6 | | adoption of the resolution. Such resolution shall be | 7 | | irrevocable, but shall automatically terminate upon the | 8 | | establishment of an Article 3 or 4 fund by the | 9 | | municipality. | 10 | | (6) Any full-time firefighter or firefighter/paramedic | 11 | | employed by a city, village, incorporated town, or | 12 | | township that has a population of less than 5,000 | 13 | | inhabitants, is located in a county of more than 1,000,000 | 14 | | inhabitants, and employs 40 or more full-time paid | 15 | | firefighters or firefighter/paramedics who are subject to | 16 | | a collective bargaining agreement, provided that such a | 17 | | person is not eligible to participate in a fund | 18 | | established under Article 4 of this Code. | 19 | | (b) An employee who is a sheriff's law enforcement | 20 | | employee and is granted
military leave or authorized leave of | 21 | | absence shall receive service credit in
that capacity. | 22 | | Sheriff's law enforcement employees shall not be entitled to
| 23 | | out-of-State service credit under Section 7-139.
| 24 | | (Source: P.A. 100-354, eff. 8-25-17; 100-1097, eff. 8-26-18.)
| 25 | | (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1) |
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| 1 | | Sec. 7-142.1. Sheriff's law enforcement employees.
| 2 | | (a) In lieu of the retirement annuity provided by | 3 | | subparagraph 1 of
paragraph (a) of Section 7-142:
| 4 | | Any sheriff's law enforcement employee who
has 20 or more | 5 | | years of service in that capacity and who terminates
service | 6 | | prior to January 1, 1988 shall be entitled at his
option to | 7 | | receive a monthly retirement annuity for his service as a
| 8 | | sheriff's law enforcement employee computed by multiplying 2% | 9 | | for each year
of such service up to 10 years, 2 1/4% for each | 10 | | year
of such service above 10 years and up to 20 years, and
2 | 11 | | 1/2% for each year of such service above
20 years, by his | 12 | | annual final rate of earnings and dividing by 12.
| 13 | | Any sheriff's law enforcement employee who has 20 or more | 14 | | years of
service in that capacity and who terminates service | 15 | | on or after January 1,
1988 and before July 1, 2004 shall be | 16 | | entitled at his option to receive
a monthly retirement
annuity | 17 | | for his service as a sheriff's law enforcement employee | 18 | | computed by
multiplying 2.5% for each year of such service up | 19 | | to 20 years, 2% for each
year of such service above 20 years | 20 | | and up to 30 years, and 1% for each
year of such service above | 21 | | 30 years, by his annual final rate of earnings
and dividing by | 22 | | 12.
| 23 | | Any sheriff's law enforcement employee who has 20 or more | 24 | | years of
service in that capacity and who terminates service | 25 | | on or after July 1,
2004 shall be entitled at his or her option | 26 | | to receive a monthly retirement
annuity for service as a |
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| 1 | | sheriff's law enforcement employee computed by
multiplying | 2 | | 2.5% for each year of such service by his annual final rate of
| 3 | | earnings and dividing by 12.
| 4 | | If a sheriff's law enforcement employee has service in any | 5 | | other
capacity, his retirement annuity for service as a | 6 | | sheriff's law enforcement
employee may be computed under this | 7 | | Section and the retirement annuity for
his other service under | 8 | | Section 7-142.
| 9 | | In no case shall the total monthly retirement annuity for | 10 | | persons who retire before July 1, 2004 exceed 75% of the
| 11 | | monthly final rate of earnings. In no case shall the total | 12 | | monthly retirement annuity for persons who retire on or after | 13 | | July 1, 2004 exceed 80% of the
monthly final rate of earnings.
| 14 | | (b) Whenever continued group insurance coverage is elected | 15 | | in accordance
with the provisions of Section 367h of the | 16 | | Illinois Insurance Code, as now
or hereafter amended, the | 17 | | total monthly premium for such continued group
insurance | 18 | | coverage or such portion thereof as is not paid
by the | 19 | | municipality shall, upon request of the person electing such
| 20 | | continued group insurance coverage, be deducted from any | 21 | | monthly pension
benefit otherwise payable to such person | 22 | | pursuant to this Section, to be
remitted by the Fund to the | 23 | | insurance company
or other entity providing the group | 24 | | insurance coverage.
| 25 | | (c) A sheriff's law enforcement employee who began service | 26 | | in that capacity prior to the effective date of this |
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| 1 | | amendatory Act of the 97th General Assembly and who has | 2 | | service in any other
capacity may convert up to 10 years of | 3 | | that service into service as a sheriff's
law enforcement | 4 | | employee by paying to the Fund an amount equal to (1) the
| 5 | | additional employee contribution required under Section | 6 | | 7-173.1, plus (2) the additional employer contribution | 7 | | required under Section 7-172, plus (3) interest on items (1) | 8 | | and (2) at the
prescribed rate from the date of the service to | 9 | | the date of payment.
Application must be received by the Board | 10 | | while the employee is an active participant in the Fund. | 11 | | Payment must be received while the member is an active | 12 | | participant, except that one payment will be permitted after | 13 | | termination of participation. | 14 | | (d) The changes to subsections (a) and (b) of this Section | 15 | | made by this amendatory Act of the 94th General Assembly apply | 16 | | only to persons in service on or after July 1, 2004. In the | 17 | | case of such a person who begins to receive a retirement | 18 | | annuity before the effective date of this amendatory Act of | 19 | | the 94th General Assembly, the annuity shall be recalculated | 20 | | prospectively to reflect those changes, with the resulting | 21 | | increase beginning to accrue on the first annuity payment date | 22 | | following the effective date of this amendatory Act.
| 23 | | (e) Any elected county officer who was entitled to receive | 24 | | a stipend from the State on or after July 1, 2009 and on or | 25 | | before June 30, 2010 may establish earnings credit for the | 26 | | amount of stipend not received, if the elected county official |
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| 1 | | applies in writing to the fund within 6 months after the | 2 | | effective date of this amendatory Act of the 96th General | 3 | | Assembly and pays to the fund an amount equal to (i) employee | 4 | | contributions on the amount of stipend not received, (ii) | 5 | | employer contributions determined by the Board equal to the | 6 | | employer's normal cost of the benefit on the amount of stipend | 7 | | not received, plus (iii) interest on items (i) and (ii) at the | 8 | | actuarially assumed rate. | 9 | | (f) Notwithstanding any other provision of this Article,
| 10 | | the provisions of this subsection (f) apply to a person who | 11 | | first
becomes a sheriff's law enforcement employee under this | 12 | | Article on or after January 1, 2011 , except any person | 13 | | employed as a firefighter or firefighter/paramedic before | 14 | | January 1, 2011, who, after that date, first becomes a | 15 | | sheriff's law enforcement employee under this Article by | 16 | | operation of paragraph (6) of subsection (a) of Section | 17 | | 7-109.3 . | 18 | | A sheriff's law enforcement employee age 55 or more who | 19 | | has 10 or more years of service in that capacity shall be | 20 | | entitled at his option to receive a monthly retirement annuity | 21 | | for his or her service as a sheriff's law enforcement employee | 22 | | computed by multiplying 2.5% for each year of such service by | 23 | | his or her final rate of earnings. | 24 | | The retirement annuity of a sheriff's law enforcement | 25 | | employee who is retiring after attaining age 50 with 10 or more | 26 | | years of creditable service shall be reduced by one-half of 1% |
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| 1 | | for each month that the sheriff's law enforcement employee's | 2 | | age is under age 55. | 3 | | The maximum retirement annuity under this subsection (f) | 4 | | shall be 75%
of final rate of earnings. | 5 | | For the purposes of this subsection (f), "final rate of | 6 | | earnings" means the average monthly earnings obtained by | 7 | | dividing the total salary of the sheriff's law enforcement | 8 | | employee during the 96 consecutive months of service within | 9 | | the last 120 months of service in which the total earnings was | 10 | | the highest by the number of months of service in that period. | 11 | | Notwithstanding any other provision of this Article, | 12 | | beginning on January 1, 2011, for all purposes under this Code | 13 | | (including without limitation the calculation of benefits and | 14 | | employee contributions), except with regard to any person | 15 | | employed as a firefighter or firefighter/paramedic before | 16 | | January 1, 2011, who, after that date, first becomes a | 17 | | sheriff's law enforcement employee under this Article by | 18 | | operation of paragraph (6) of subsection (a) of Section | 19 | | 7-109.3, the annual earnings of a sheriff's law enforcement | 20 | | employee to whom this Section applies shall not include | 21 | | overtime and shall not exceed $106,800; however, that amount | 22 | | shall annually thereafter be increased by the lesser of (i) 3% | 23 | | of that amount, including all previous adjustments, or (ii) | 24 | | one-half the annual unadjusted percentage increase (but not | 25 | | less than zero) in the consumer price index-u for the 12 months | 26 | | ending with the September preceding each November 1, including |
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| 1 | | all previous adjustments. | 2 | | (g) Notwithstanding any other provision of this Article, | 3 | | the monthly annuity
of a person who first becomes a sheriff's | 4 | | law enforcement employee under this Article on or after | 5 | | January 1, 2011 , except any person employed as a firefighter | 6 | | or firefighter/paramedic before January 1, 2011, who, after | 7 | | that date, first becomes a sheriff's law enforcement employee | 8 | | under this Article by operation of paragraph (6) of subsection | 9 | | (a) of Section 7-109.3, shall be increased on the January 1 | 10 | | occurring either on or after the attainment of age 60 or the | 11 | | first anniversary of the annuity start date, whichever is | 12 | | later. Each annual increase shall be calculated at 3% or | 13 | | one-half the annual unadjusted percentage increase (but not | 14 | | less than zero) in the consumer price index-u for the 12 months | 15 | | ending with the September preceding each November 1, whichever | 16 | | is less, of the originally granted retirement annuity. If the | 17 | | annual unadjusted percentage change in the consumer price | 18 | | index-u for a 12-month period ending in September is zero or, | 19 | | when compared with the preceding period, decreases, then the | 20 | | annuity shall not be increased. | 21 | | (h) Notwithstanding any other provision of this Article, | 22 | | for a person who first becomes a sheriff's law enforcement | 23 | | employee under this Article on or after January 1, 2011, | 24 | | except any person employed as a firefighter or | 25 | | firefighter/paramedic before January 1, 2011, who, after that | 26 | | date, first becomes a sheriff's law enforcement employee under |
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| 1 | | this Article by operation of paragraph (6) of subsection (a) | 2 | | of Section 7-109.3, the annuity to which the surviving spouse, | 3 | | children, or parents are entitled under this subsection (h) | 4 | | shall be in the amount of 66 2/3% of the sheriff's law | 5 | | enforcement employee's earned annuity at the date of death. | 6 | | (i) Notwithstanding any other provision of this Article, | 7 | | the monthly annuity
of a survivor of a person who first becomes | 8 | | a sheriff's law enforcement employee under this Article on or | 9 | | after January 1, 2011 , except any person employed as a | 10 | | firefighter or firefighter/paramedic before January 1, 2011, | 11 | | who, after that date, first becomes a sheriff's law | 12 | | enforcement employee under this Article by operation of | 13 | | paragraph (6) of subsection (a) of Section 7-109.3, shall be | 14 | | increased on the January 1 after attainment of age 60 by the | 15 | | recipient of the survivor's annuity and
each January 1 | 16 | | thereafter by 3% or one-half the annual unadjusted percentage | 17 | | increase in the consumer price index-u for the
12 months | 18 | | ending with the September preceding each November 1, whichever | 19 | | is less, of the originally granted pension. If the annual | 20 | | unadjusted percentage change in
the consumer price index-u for | 21 | | a 12-month period ending in September is zero or, when | 22 | | compared with the preceding period, decreases, then the | 23 | | annuity shall not
be increased. | 24 | | (j) For the purposes of this Section, "consumer price | 25 | | index-u" means the index published by the Bureau of Labor | 26 | | Statistics of the United States Department of Labor that |
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| 1 | | measures the average change in prices of goods and services | 2 | | purchased by all urban consumers, United States city average, | 3 | | all items, 1982-84 = 100. The new amount resulting from each | 4 | | annual adjustment shall be determined by the Public Pension | 5 | | Division of the Department of Insurance and made available to | 6 | | the boards of the pension funds. | 7 | | (Source: P.A. 100-148, eff. 8-18-17.)
| 8 | | (40 ILCS 5/7-150) (from Ch. 108 1/2, par. 7-150)
| 9 | | Sec. 7-150. Total and permanent disability benefits - | 10 | | Eligibility. Total and permanent disability benefits shall be | 11 | | payable to
participating employees as hereinafter provided, | 12 | | including those
employees receiving disability benefit on July | 13 | | 1, 1962.
| 14 | | (a) A participating employee shall be considered totally | 15 | | and
permanently disabled if:
| 16 | | 1. He is unable to engage in any gainful activity | 17 | | because of any
medically determinable physical or mental | 18 | | impairment which can be
expected to result in death or be | 19 | | of a long continued and indefinite
duration, other than as | 20 | | a result of self-inflicted
injury or addiction to narcotic | 21 | | drugs;
| 22 | | 2. The Board has received a written certification by | 23 | | at least 1
licensed and practicing physician stating that | 24 | | the employee meets the
qualifications of subparagraph 1 of | 25 | | this paragraph (a).
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| 1 | | (b) A totally and permanently disabled employee is | 2 | | entitled to a
permanent disability benefit provided:
| 3 | | 1. He has exhausted his temporary disability benefits.
| 4 | | 2. He:
| 5 | | (i) has at least one year of service immediately | 6 | | preceding the
date the disability was incurred and has | 7 | | made contributions to the fund
for at least the number | 8 | | of months of service normally required in his
position | 9 | | during a 12 month period, or has at least 5 years of | 10 | | service
credit, the last year of which immediately | 11 | | preceded the date the
disability was incurred; or
| 12 | | (ii) had qualified under clause (i) above, but had | 13 | | an interruption in
service of not more than 3 months in | 14 | | the 12 months preceding the date
the temporary | 15 | | disability was incurred and was not paid a separation | 16 | | benefit; or
| 17 | | (iii) had qualified under clause (i) above, but | 18 | | had an interruption
after 20 or more years of | 19 | | creditable service, was not paid a separation
benefit, | 20 | | and returned to service prior to the date the | 21 | | disability was incurred.
| 22 | | Item (iii) of this subdivision shall apply to all | 23 | | employees
whose disabilities were incurred on or after | 24 | | July 1, 1985, and any such
employee who becomes eligible | 25 | | for a disability benefit under item
(iii) shall be | 26 | | entitled to receive a lump sum payment of any accumulated
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| 1 | | disability benefits which may accrue from the date the | 2 | | disability was
incurred until the effective date of this | 3 | | amendatory Act of 1987.
| 4 | | Periods of qualified leave granted in compliance with | 5 | | the federal Family
and Medical Leave Act shall be ignored | 6 | | for purposes of determining the number
of consecutive | 7 | | months of employment under this subdivision (b)2.
| 8 | | 3. He is receiving no earnings from a participating | 9 | | municipality or
instrumentality thereof or participating | 10 | | instrumentality, except as
allowed under subsection (f) of | 11 | | Section 7-152.
| 12 | | 4. He has not refused to submit to a reasonable | 13 | | physical examination
by a physician appointed by the | 14 | | Board.
| 15 | | 5. His disability is not the result of a mental or | 16 | | physical
condition which existed on the earliest date of | 17 | | service from which he
has uninterrupted service, including | 18 | | prior service, at the date of his
disability, provided | 19 | | that this limitation shall not be applicable to a
| 20 | | participating employee who, without receiving a disability | 21 | | benefit,
receives 5 years of creditable service.
| 22 | | 6. He is not separated from the service of his | 23 | | employing
participating municipality or instrumentality | 24 | | thereof or participating
instrumentality on the date his | 25 | | temporary disability was incurred; for
the purposes of | 26 | | payment of total and permanent disability benefits, a
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| 1 | | participating employee, whose employment relationship is | 2 | | terminated by
his employing municipality, shall be deemed | 3 | | not to be separated from the
service of his employing | 4 | | municipality or participating instrumentality
if he | 5 | | continues disabled by the same condition and so long as he | 6 | | is
otherwise entitled to such disability benefit.
| 7 | | 7. He has not refused to apply for a disability | 8 | | benefit under the
Federal Social Security Act at the | 9 | | request of the Board. | 10 | | 8. He has not failed or refused to consent to and sign | 11 | | an authorization allowing the Board to receive copies of | 12 | | or to examine his medical and hospital records. | 13 | | 9. He has not failed or refused to provide complete | 14 | | information regarding any other employment for | 15 | | compensation he has received since becoming disabled.
| 16 | | (c) A participating employee shall remain eligible and may | 17 | | make
application for a total and permanent disability benefit | 18 | | within 90 days
after the termination of his temporary | 19 | | disability benefits or within
such longer period terminating | 20 | | at the end of the period during which his
employing | 21 | | municipality is prevented from employing him by reason of any
| 22 | | statutory prohibition.
| 23 | | (d) Notwithstanding any other provision of this Article, a
| 24 | | firefighter or firefighter/paramedic who participates under | 25 | | this Article, has 5 or more years of
creditable service, and is | 26 | | found unable to perform his or her
duties in the fire |
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| 1 | | department by reason of heart disease,
stroke, tuberculosis, | 2 | | or any disease of the lungs or
respiratory tract, resulting | 3 | | from service as a firefighter, is
entitled to an occupational | 4 | | disease disability pension during
any period of such | 5 | | disability for which he or she has no right
to receive salary. | 6 | | Any active firefighter or firefighter/paramedic who | 7 | | participates under this Article, has completed 5 or more years | 8 | | of service, and
is unable to perform his or her duties in the | 9 | | fire department
by reason of a disabling cancer, which | 10 | | develops or manifests
itself during a period while the | 11 | | firefighter or firefighter/paramedic is in the service
of the | 12 | | fire department, shall be entitled to receive an
occupational | 13 | | disease disability benefit during any period of
such | 14 | | disability for which he or she does not have a right to
receive | 15 | | salary. In order to receive this occupational disease
| 16 | | disability benefit, (i) the type of cancer involved must be a
| 17 | | type that may be caused by exposure to heat, radiation, or a
| 18 | | known carcinogen, as defined by the International Agency for
| 19 | | Research on Cancer, and (ii) the cancer must (and is | 20 | | rebuttably
presumed to) arise as a result of service as a | 21 | | firefighter. | 22 | | A firefighter or firefighter/paramedic who participates | 23 | | under this Article and who enters the service after August 27, | 24 | | 1971 shall
be examined by one or more practicing physicians | 25 | | appointed by
the Board. If the examination discloses | 26 | | impairment of the
heart, lungs, or respiratory tract, or the |
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| 1 | | existence of any
cancer, the firefighter or | 2 | | firefighter/paramedic who participates under this Article | 3 | | shall not be entitled to the occupational
disease disability | 4 | | pension unless and until a subsequent
examination reveals no | 5 | | such impairment or cancer. | 6 | | The occupational disease disability pension shall be equal
| 7 | | to the greater of (1) 65% of the salary attached to the rank
| 8 | | held by the firefighter in the fire service at the time of his
| 9 | | or her removal from the municipality's fire department payroll
| 10 | | or (2) the retirement pension that the firefighter or | 11 | | firefighter/paramedic would be
eligible to receive if he or | 12 | | she retired (but not including any
automatic annual increase | 13 | | in that retirement pension). | 14 | | The firefighter or firefighter/paramedic who participates | 15 | | under this Article is also entitled to a child's disability
| 16 | | benefit of $20 a month for each natural or legally adopted
| 17 | | unmarried child less than age 18 who is dependent upon the
| 18 | | firefighter or firefighter/paramedic for support. The total | 19 | | child's disability benefit
when added to the occupational | 20 | | disease disability pension shall
not exceed 75% of the | 21 | | firefighter's or firefighter/paramedic's salary at the time of | 22 | | the
grant of occupational disease disability pension. | 23 | | The occupational disease disability pension is payable to
| 24 | | the firefighter or firefighter/paramedic during the period of | 25 | | the disability. If the
disability ceases before the death of | 26 | | the firefighter or firefighter/paramedic, the
disability |
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| 1 | | pension payable under this Section shall also cease,
and the | 2 | | firefighter or firefighter/paramedic thereafter shall receive | 3 | | such pension
benefits as are provided in accordance with other | 4 | | provisions of
this Article. | 5 | | If a firefighter or firefighter/paramedic who participates | 6 | | under this Article dies while still disabled and receiving a
| 7 | | disability pension under this Section, the disability pension
| 8 | | shall continue to be paid to the firefighter's or | 9 | | firefighter/paramedic's survivors. A
pension previously | 10 | | granted under this Section to a firefighter or | 11 | | firefighter/paramedic
who died while receiving a disability | 12 | | pension under this
Section shall be deemed to be a | 13 | | continuation of the pension
provided under this Section and | 14 | | shall be deemed to be in the
nature of worker's occupational | 15 | | disease compensation payments.
The changes to this Section | 16 | | made by this amendatory Act of the
102nd General Assembly are | 17 | | intended to be retroactive and are
not limited to persons in | 18 | | service on or after the effective
date of this amendatory Act | 19 | | of the 102nd General Assembly. | 20 | | The child's disability benefit shall terminate if the
| 21 | | disability ceases while the firefighter or | 22 | | firefighter/paramedic is alive or when the
child or children | 23 | | attain age 18 or marry, whichever event
occurs first, except | 24 | | that benefits payable on account of a
child under this Section | 25 | | shall not be reduced or terminated by
reason of the child's | 26 | | attainment of age 18 if he or she is then
dependent by reason |
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| 1 | | of a physical or mental disability but
shall continue to be | 2 | | paid as long as such dependency continues.
Individuals over | 3 | | the age of 18 and adjudged as a disabled
person pursuant to | 4 | | Article XIa of the Probate Act of 1975,
except for persons | 5 | | receiving benefits under Article III of the
Illinois Public | 6 | | Aid Code, shall be eligible to receive benefits
under this | 7 | | Act. | 8 | | (Source: P.A. 101-151, eff. 7-26-19.)
| 9 | | (40 ILCS 5/7-156) (from Ch. 108 1/2, par. 7-156)
| 10 | | Sec. 7-156. Surviving spouse annuities - amount.
| 11 | | (a) The amount of surviving spouse annuity shall be:
| 12 | | 1. Upon the death of an employee annuitant or such person | 13 | | entitled, upon
application, to a retirement annuity at date of | 14 | | death, (i) an amount equal
to 1/2 of the retirement annuity | 15 | | which was or would
have been payable exclusive of the amount so | 16 | | payable which was provided from
additional credits, and | 17 | | disregarding any election made under paragraph (b) of
Section | 18 | | 7-142, plus (ii) an annuity which could be provided at the then
| 19 | | attained age of the surviving spouse and under actuarial | 20 | | tables then in effect,
from the excess of the additional | 21 | | credits, (excluding any such credits used to
create a | 22 | | reversionary annuity) used to provide the annuity granted | 23 | | pursuant to
paragraph (a) (2) of Section 7-142 of this article | 24 | | over the total annuity
payments made pursuant thereto.
| 25 | | 2. Upon the death of a participating employee on or after |
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| 1 | | attainment of
age 55, an amount equal to 1/2 of the retirement | 2 | | annuity
which he could have had as of the date of death had he | 3 | | then retired and applied
for annuity, exclusive of the portion | 4 | | thereof which could have been provided
from additional | 5 | | credits, and disregarding paragraph (b) of Section 7-142,
plus | 6 | | an amount equal to the annuity which could be provided from the | 7 | | total
of his accumulated additional credits at date of death, | 8 | | on the basis of the
attained age of the surviving spouse on | 9 | | such date.
| 10 | | 3. Upon the death of a participating employee before age | 11 | | 55, an amount equal
to 1/2 of the retirement annuity which he | 12 | | could have had
as of his attained age on the date of death, had | 13 | | he then retired and applied
for annuity, and the provisions of | 14 | | this Article that no such annuity shall
begin until the | 15 | | employee has attained at least age 55 were not applicable,
| 16 | | exclusive of the portion thereof which could have been | 17 | | provided from
additional credits and disregarding paragraph | 18 | | (b) of Section 7-142, plus an
amount equal to the annuity which | 19 | | could be provided from the total of his
accumulated additional | 20 | | credits at date of death, on the basis of the
attained age of | 21 | | the surviving spouse on such date.
| 22 | | In the case of the surviving spouse of a person who dies | 23 | | before the
effective date of this amendatory Act of the 94th | 24 | | General Assembly, if
the surviving spouse is more than 5 years | 25 | | younger than the deceased,
that portion of the annuity which | 26 | | is not based on additional credits shall
be reduced in the |
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| 1 | | ratio of the value of a life annuity of $1 per year at an
age | 2 | | of 5 years less than the attained age of the deceased, at the | 3 | | earlier
of the date of the death or the date his retirement | 4 | | annuity begins, to the
value of a life annuity of $1 per year | 5 | | at the attained age of the surviving
spouse on such date, | 6 | | according to actuarial tables approved by the Board.
This | 7 | | reduction does not apply to the surviving spouse of a person | 8 | | who dies
on or after the effective date of this amendatory Act | 9 | | of the 94th General
Assembly.
| 10 | | In computing the amount of a surviving spouse annuity, | 11 | | incremental increases
of retirement annuities to the date of | 12 | | death of the employee annuitant shall be
considered.
| 13 | | (b) Each surviving spouse annuity payable on January 1, | 14 | | 1988 shall be
increased on that date by 3% of the original | 15 | | amount of the annuity. Each
surviving spouse annuity that | 16 | | begins after January 1, 1988 shall be
increased on the January | 17 | | 1 next occurring after the annuity begins, by an
amount equal | 18 | | to (i) 3% of the original amount thereof if the deceased
| 19 | | employee was receiving a retirement annuity at the time of his | 20 | | death; otherwise
(ii) 0.167% of the original amount thereof | 21 | | for each complete
month which has elapsed since the date the | 22 | | annuity began.
| 23 | | On each January 1 after the date of the initial increase | 24 | | under this
subsection, each surviving spouse annuity shall be | 25 | | increased by 3% of the
originally granted amount of the | 26 | | annuity.
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| 1 | | (c) Notwithstanding any other provision of this Article, | 2 | | the pension of the surviving spouse of a firefighter who | 3 | | qualifies as a sheriff's law enforcement employee under | 4 | | paragraph (6) of subsection (a) of Section 7-109.3 and dies on | 5 | | or after January 1, 1988 as a result of sickness, accident, or | 6 | | injury incurred in or resulting from the performance of an act | 7 | | of duty or from the cumulative effects of acts of duty shall | 8 | | not be less than 100% of the salary attached to the rank held | 9 | | by the deceased firefighter on the last day of service. | 10 | | (Source: P.A. 94-712, eff. 6-1-06 .)
| 11 | | Section 90. The State Mandates Act is amended by adding | 12 | | Section 8.45 as follows: | 13 | | (30 ILCS 805/8.45 new) | 14 | | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and | 15 | | 8 of this Act, no reimbursement by the State is required for | 16 | | the implementation of any mandate created by this amendatory | 17 | | Act of the 102nd General Assembly.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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